West Orange Compiled ZBA Application 5 15 24

the (c)(1) and (c)(2) variances. The application and requested relief can be granted without substantial detriment to the public good and will not cause substantial impairment to the intent and purpose of the zone plan or the zoning ordinance. 3.02 D Variances and Special Reasons Why They Should be Granted PSE&G seeks the following use variances: • “d(2)” – use variance approval for expansion of a nonconforming use; and • “d(6)” – height of a principal structure which exceeds the maximum permitted height in the district for a principal structure by more than 10% or by 10 feet. The upgrade of the 26kV Station is considered an expansion of a non-conforming use. Chapter 25 of the Land Use Regulations, Article I: Section 25-7.1: Table of District Regulations Part A does not list “Public Utility Buildings or Structures” as a Permitted Principal Use, Permitted Accessory Use, or a Permitted Conditional Use in the Office Research (O-R) District even though such uses are allowed in several residential and business zones as a Permitted Conditional Use. The current application proposes ten (10) 70-foot high (70’) lightning masts, when measured to the adjacent finished grade, whereas thirty-five feet (35’) is permitted. As a result, PSE&G is requesting “d(6)” variance relief to permit the height of a principal structure to exceed the permitted height by 10 feet or 10%. However, precedence has been set for public utility use on the subject property. For decades, prior applications for similar improvements to the site have been considered “an expansion of a nonconforming use,” which requires relief from the Zoning Board of Adjustment. As noted in the prior Resolutions of Approval Nos. ZB-06-40 and ZB-16-15 (in Attachment F), the Township of West Orange Zoning Board of Adjustment approved upgrades for this Station in 2007 and subsequently in 2017. The 2007 resolution references improvements to the Station since 1988. Pursuant to the MLUL, these prior applications sought Preliminary and Final Site Plan with use variance approval. Currently, a 188’ tower and several seventy (70’) foot high lightning masts and taller structures received variances in 1988, 2007 and in 2017. The Station has been owned and operated by PSE&G as a public utility and has proven to be particularly suited at this location for almost 100 years, serving the Township of West Orange and the

n 2017. The Station has been owned and operated by PSE&G as a public utility and has proven to be particularly suited at this location for almost 100 years, serving the Township of West Orange and the surrounding area. The Station supplies service to thousands of customers. The property is the most appropriate location available for this necessary component of PSE&G's transmission and distribution system. The site improvements are necessary to maintain safe and reliable service and to manage future growth and revitalization in the Township and the surrounding area. The improvements offer better reliability to customers and increased capacity to meet the demands of peak loads and future load growth associated with commercial and residential development. The location of the improvements is within the existing Station footprint and in close proximity to existing electric utility equipment. It is also important to note that the improvements are similar to those that currently exist within the station. Therefore, the physical changes of the Station are minimized. In prior resolutions, the Zoning Board of Adjustment concluded that the Station is particularly suited and serves a vital service. The improvements will serve the public and advance the general welfare in line with the MLUL definition of an inherently beneficial use. Granting the requested variances would advance several purposes of zoning pursuant to the MLUL and the Township’s Zoning Ordinance. Specifically, the following purposes of the MLUL are advanced: • • Promotion of public health, safety, the general welfare of the community and be a benefit the public, [N.J. Statue 40:55D-2(a)]; Offering a reduction in potential outages, which obviously advances safety from and during natural disasters. [N.J. Statue 40:55D-2(b)]; ______________________________________________________________________ 4